Patna High Court
Vishal Yadav @ Sundram YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the petitioner is entitled to bail and ordered his release on bail subject to statutory conditions.
Summary
Vishal Yadav was arrested in connection with a case registered under Sections 126(2), 352 and 351(2) of the Bhartiya Nyaya Sanhita, 2023, alleging he outraged the modesty of an informant's daughter and opened fire when confronted. The petitioner contended that the FIR was false, asserting a consensual relationship with the daughter and that the informant lodged the complaint out of disapproval. He also disclosed a pending land‑dispute case for which he was on bail. The court examined the prima facie material, noted the victim's statement indicating a prior relationship, and considered the bail application. It directed that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail in the pending criminal case under the B.N.S. provisions.
- Whether the FIR constitutes a false or frivolous complaint.
- Whether the prima facie evidence justifies continued detention.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 126(2), 351(2), 352
- Code of Criminal Procedure — s. 438(2)
Subjects
- bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- Section 126
- Section 352
- Section 351
- Section 438 CrPC
- Section 482 BNSS
- false FIR
- outraging modesty
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36586 of 2026
Arising Out of PS. Case No.-173 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
Vishal Yadav @ Sundram Yadav, Son of Digvijay Prasad Yadav @ Digwijay
Prasad Yadav, Resident of Village-Tamkuhawa, P.S.-Dhanha, District-West
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Parmanand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Dhanaha P.S.
Case No.173 of 2025 registered under Sections 126(2), 352
and 351(2) of the Bhartiya Nyaya Sanhita, 2023 (in short
‘B.N.S.’).
3. As per FIR, the petitioner alleged to outrage the
modesty of daughter of the informant and her friends and
when same was objected by the informant, the petitioner
opened fire upon him. After occurrence, petitioner fled away
leaving his motorcycle, bearing Registration
No.BR06CB4004, a black colour Yamaha, at spot itself.
Patna High Court CR. MISC. No.36586 of 2026(2) dt.16-06-2026
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4. It is submitted by learned counsel appearing for
petitioner that the informant in fact concealed the true fact
by lodging the FIR, as during the course of investigation, it
transpired that the daughter of informant was in relationship
with petitioner since last one and half years back from the
occurrence and this fact was surfaced in paragraph-14 of the
case diary. It is submitted that as the relationship was not
approved by the informant, the present false case was
lodged without having any cogent material. Explaining
criminal antecedent, it is submitted that petitioner found
involved in one more criminal case, which is related with land
dispute, where he is on bail.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact as prima facie the statement of victim
suggest that she was in talking terms with petitioner since
last one and half years of the occurrence, as discussed
aforesaid, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
Patna High Court CR. MISC. No.36586 of 2026(2) dt.16-06-2026
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on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Judicial Magistrate, First Class,
Bagaha, West Champaran in connection with Dhanaha P.S.
Case No.173 of 2025, subject to the conditions as laid down
under Section 438(2) of the Code of Criminal Procedure (in
short ‘CrPC’)/under Section 482(2) of the Bhartiya Nagrik
Suraksha Sanhita, 2023 (in short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
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